Human Rights Commissioner congrats NSW lesbian changes

Human Rights Commissioner congrats NSW lesbian changes

I had previously posted about how NSW was to change its laws to remove discrimination against lesbian parents.

The Human Rights Commissioner, Greme Innes, has backed the changes:

Human Rights Commissioner, Graeme Innes, congratulated the New South Wales Government on the announcement that NSW law will recognise female same-sex parents who conceive a child through artificial fertilisation.

This reform was recommended in the Human Rights and Equal Opportunity Commission’s (HREOC) Same-Sex: Same Entitlements report, released in June 2007.

The announcement means that female same-sex parents, who conceive a child through artificial fertilisation, will be treated in the same way as opposite-sex parents.

These female same-sex parents will now both be named on a child’s birth certificate which means that children in these families will now have two legally recognised parents.

“This will have an enormous impact on the day to day life of these families,” said Commissioner Innes. “These same-sex parents and their children will now be more readily recognised by school and health authorities as able to make decisions about their children.

“Children will also have equal rights to inheritance of the assets or workers compensation payments of both their parents if one or both parents are killed and injured.”

Currently when a woman conceives a child through artificial fertilisation, the male partner is presumed to be the legal father, to the exclusion of the donor. Under these reforms, this presumption will be extended to cover the female de facto partner of a birth mother.

Commissioner Innes said that the reforms were an important step towards equality for same-sex parents in NSW.

Mr Innes also congratulated the NSW Government on changing the prohibition against discrimination on the basis of ‘marital status’ to ‘domestic status’ to include same sex relationships in NSW anti-discrimination legislation.

“If a person is discriminated against because they are living in a same-sex relationship, they will now have the same rights as a person discriminated against because of their marital status,” said Mr Innes.

Commissioner Innes emphasised that same-sex couples should be entitled to the same protections against discrimination as all other people living in NSW.

Stephen Page, Harrington Family Lawyers, Brisbane spage@harringtonfamilylawyers.com 61(7) 3221 9544

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Surrogacy in South Africa: what Australians should know

South Africa might seem like an obvious overseas surrogacy destination for Australians. It has high-quality IVF services, costs can be lower than in some other international destinations, and Australia has a substantial South African community, particularly in Perth, Sydney, Melbourne and South East Queensland. Yet South Africa is not an option for most Australian intended… Read More »Surrogacy in South Africa: what Australians should know

Egg donation in South Africa: the legal risks explained

For many Australians, egg donation in South Africa has long been an attractive fertility option. The medical standards are high, the costs can be significantly lower than comparable treatment in Australia, and there has historically been a greater availability of egg donors. But an overseas egg donation journey is not simply a question of choosing… Read More »Egg donation in South Africa: the legal risks explained

Breaching parenting orders: what you can do

When parenting orders are not being followed, it is understandable to feel frustrated, powerless and eager to take immediate action. A parent may miss time with their children, be denied communication, or find that arrangements which were meant to provide certainty are simply not working in practice. However, taking an ex-partner back to court is… Read More »Breaching parenting orders: what you can do

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board